Arundhathi H D v. Commissioner Bengaluru Development Authority
2019-07-01
S.SUJATHA
body2019
DigiLaw.ai
JUDGMENT : S. SUJATHA, J. 1. The prayer sought in these writ petitions read thus: In W.P. No.51200/2017: "(a) Issue a writ in the nature of mandamus directing the Respondent No.1 to consider the representation dated 10.03.2016 vide Annexure-K given by the Respondent No.2 and 3 and representation dated 08.02.2017 Annexure-L given by the Petitioner." In W.P. No.45050/2017: "(a) Issue a writ in the nature of mandamus directing the Respondent No.1 to consider the representation dated 10.03.2016 vide Annexure-P given by the Respondent No.2 and 3 and representation dated 08.02.2017 Annexure-Q given by the Petitioner." In W.P. No.45051/2017: "(a) Issue a writ in the nature of mandamus directing the Respondent No.1 to consider the representation dated 10.03.2016 vide Annexure-N given by the Respondent No.2 and 3 and representation dated 08.02.2017 vide Annexure-P given by the Petitioner." In W.P. No.45053/2017: "(a) Issue a writ in the nature of mandamus directing the Respondent No.1 to consider the representation dated 10.03.2016 vide Annexure-Q given by the Respondent No.2 and 3 and representation dated 08.02.2017 Annexure-R given by the Petitioner." 2. Petitioner in W.P.No.51200/2017 is claiming to be the absolute owner of Site bearing No.264, measuring East to West 9.20 + 17.50 / 2 and North to South 12.19 meters; petitioner in W.P.No.45050/2017 is claiming to be the absolute owner of Site bearing No.291, measuring East to West 6.10 meters and North to South 12.19 meters; petitioner in W.P. No.45051/2017 is claiming to be the absolute owner of Site bearing No.298, measuring East to West 6.10 meters and North to South 12.19 meters; petitioner in W.P.No.45053/2017 is claiming to be the absolute owner of Site bearing No.274, measuring East to West 6.10 meters and North to South 12.19 meters; all situated in M.K.S. Layout, 1st Stage, Lingadheeranahalli village, Bengaluru having acquired the same through a registered Sale Deeds from their vendors. 3. It is the grievance of the petitioners that respondent No.4 is trying to occupy some portion of the petitioners' sites, even without issuing any notice. Hence, these writ petitions. 4. Learned counsel for the official respondent- Bangalore Development Authority submits that pursuant to the representation made by the Bangalore Development Authority Employee's Welfare Association for modification of the Layout plan, the same has been considered and endorsement dated 29.06.2017 has been issued. Hence, writ petitions do not survive for consideration. 5.
Hence, these writ petitions. 4. Learned counsel for the official respondent- Bangalore Development Authority submits that pursuant to the representation made by the Bangalore Development Authority Employee's Welfare Association for modification of the Layout plan, the same has been considered and endorsement dated 29.06.2017 has been issued. Hence, writ petitions do not survive for consideration. 5. Having heard learned counsel for the parties and perusing the material on record, it is ex-facie apparent that the representation submitted by the Bangalore Development Authority Employee's Welfare Association dated 10.03.2016 and the site owners of the layout in question requesting the BDA to consider the representation of the Bangalore Development Authority Employee's Welfare Association, has been duly considered and an endorsement dated 29.06.2017 has been issued. 6. However, it is the grievance of the petitioners that respondent No.4 is making attempts to occupy a portion of the petitioners' Sites sans issuing any notice. If that be the position, the petitioners are at liberty to make a fresh representations to respondent Nos.1 and 4 inasmuch as the interference of the authorities relating to their Sites are concerned. If such representations are made by the petitioners within a period of two weeks from the date of receipt of a certified copy of the order, respondents Nos.1 and 4 shall consider the same and take decision in accordance with law in an expedite manner, preferably within a period of four weeks from the date of receipt of the application/representation. Writ petitions stand disposed of in terms of the above.